Request for Tenders for Data Protection Officer Services

AI-generated analysis of the documents. Check the official notice and any amendments for current submission details.

1. At a glance

2. Scope of Work

The Approved Housing Bodies Regulatory Authority (AHBRA) seeks tenders for the provision of Data Protection Officer (DPO) services. The contract duration is two years, with an option for extension up to twelve months. The estimated value for the services over the entire term, including potential extensions, is €85,000, exclusive of VAT.

The core of the service involves providing data protection expertise and fulfilling the role of a Data Protection Officer as defined by relevant data protection laws. While specific day-to-day tasks are not detailed in the provided metadata, the scope implicitly requires:

• DPO Functions: Acting as the nominated Data Protection Expert/DPO, requiring a minimum of one such qualified individual.
• Privacy Professional Support: Providing an Alternate DPO or suitably qualified privacy professional, with a minimum of one required.
• Account Management: Supplying a Key Account Manager, with a minimum of one required.
• Advisory and Compliance: Offering guidance and ensuring compliance with national and EU data protection laws, including Regulation (EU) 2016/679 (GDPR) and any guidelines from the Data Protection Commission.
• Operational Cover and Business Continuity: Ensuring sufficient staffing and expertise for continuous service delivery, including identifying personnel for operational cover and business continuity.
• Reporting and Documentation: Potentially involving regular reporting on data protection activities and maintaining necessary documentation.
• Contractual Adherence: Complying with the terms and conditions outlined in the Services Contract (Appendix 5).

The tender documents specify that Tenderers must demonstrate their ability to deliver services of a "similar scale, scope and complexity" to those detailed in Appendix 1, which is not provided in the metadata. Tenderers are also required to propose a detailed methodology for delivering these requirements.

3. Background & buyer context

The Approved Housing Bodies Regulatory Authority (AHBRA) is procuring Data Protection Officer (DPO) services. This procurement is conducted under an open procedure at the national level, falling below the EU threshold for such services. The estimated contract value of €85,000 over two years, with a potential extension, indicates a requirement for ongoing DPO support rather than a large-scale project. The tender documents reference "Data Protection Laws" and Regulation (EU) 2016/679 (GDPR), highlighting the regulatory environment driving this procurement. AHBRA's policy aims to encourage participation by Small and Medium Enterprises (SMEs), suggesting a desire for a competitive market and potentially a focus on value for money.

4. Eligibility & selection criteria

Tenderers must meet the following criteria to be considered:

• Turnover requirement: Tenderers must declare a minimum average annual turnover of €170,000 for each of the three preceding financial years for which audited accounts are available. For consortia, this requirement can be met by the combined turnover of members.
• Insurance: The successful Tenderer must hold the following insurances for the term of the contract:
• Employer's Liability: €13 million limit per claim/series of claims.
• Public Liability: €6.5 million limit per claim/series of claims.
• Professional Indemnity: €1 million limit in the aggregate per insurance year.
• Cyber Insurance: €1.5 million limit in the aggregate per insurance year.
• Certifications: Not specified for this tender.
• Past experience: Tenderers must demonstrate a minimum of three previous contracts (public or private sector) of similar scale, scope, and complexity to those detailed in Appendix 1, delivered within the last three years. Referee contact details are required for each example.
• Personnel: Tenderers must demonstrate access to the minimum required personnel:
• Lead Data Protection Expert/nominated DPO: 1
• Alternate DPO or suitably qualified privacy professional: 1
• Key Account Manager: 1 Supporting documentation includes an organisational chart, details of operational cover and business continuity staff, and information on any proposed subcontractors.
• Geographic / facility constraints: Not specified for this tender.

5. Award criteria & scoring

The contract will be awarded based on the most economically advantageous tender (MEAT). The scoring is weighted as follows:

Tenderers must achieve a minimum score of 60% for each qualitative criterion to avoid elimination. The total marks available for the qualitative criteria are 750, and for the cost criterion are 250, summing to 1000 marks.

6. Submission requirements

Tenders must be submitted electronically via the eTenders platform (www.etenders.gov.ie). Key submission requirements include:

• Tender Response Document (TRD): Tenderers must complete and return the TRD, which includes declarations regarding economic and financial standing, technical and professional ability, and quality assurance.
• Pricing Schedule: All prices must be submitted in the format provided at Appendix 2, be all-inclusive (excluding VAT), expressed in Euro, and remain valid for six months from the Tender Deadline.
• Declarations:
• Tenderer's Statement (Appendix 3), signed and scanned, confirming acceptance of RFT requirements and Services Contract terms.
• Declaration as to Personal Circumstances (Appendix 4).
• Tax Clearance Access Number and Tax Reference Number for online verification.
• Declaration of no conflicts of interest.
• Past Experience: Details of a minimum of three previous contracts, including referee contact details, presented in the TRD table.
• Personnel Details: Organisational chart, staffing levels, and details of personnel for operational cover and business continuity.
• Consortia/Subcontractors: If applicable, details of all members of the group and their roles, with a nominated entity for communication.
• File Size Limits: Maximum 250MB per file, with a total limit of 2GB for all documentation.
• Format: Documents must be readable using Microsoft Word or Adobe Acrobat PDF Reader.

7. Key dates & process

8. Contract terms that matter

The Services Contract will have an initial term of two years. An option exists for the Contracting Authority to extend the term by up to twelve months, subject to legal obligations. Payments will be made in accordance with the Services Contract (Appendix 5). Tenderers must confirm acceptance of the Services Contract terms by signing the Tenderer's Statement. Any currency variations over the contract term will be borne by the Tenderer. The successful Tenderer must maintain specified insurance levels throughout the contract term.

9. Risks, red flags & unusuals

The estimated contract value of €85,000 over two years, with a potential extension, is relatively low. This, combined with a turnover requirement of €170,000, suggests that the Authority is seeking established, but not necessarily large, service providers. The requirement for three past contracts of "similar scale, scope and complexity" may be a point of interpretation, as the specific details of these requirements are in Appendix 1, which is not provided. Tenderers must also be aware that the Contracting Authority reserves the right to cancel the competition at any time before a contract is executed.

10. SME fit assessment

This tender is structured to allow participation by Small and Medium Enterprises (SMEs). The turnover requirement of €170,000 is achievable for many established SMEs. The Authority explicitly encourages SMEs to participate and explore consortia or subcontracting arrangements if the scope is beyond their individual capacity. Larger enterprises are also encouraged to include SMEs in their proposals. The bid preparation effort is likely moderate, requiring the completion of the TRD, pricing schedule, and submission of supporting documentation for past experience and personnel. The tender is open to any qualified entity, with no explicit indication of an incumbent or pre-selected bidders.

11. Where to dig deeper

• Source RFT filename: RFT Data Protection Officer Services 07082026.pdf
• eTenders CFT ID: Not specified
• Contact / Clarification Portal: Messaging facility on www.etenders.gov.ie
• Key Attachments:
• Appendix 1: Requirements and Specifications
• Appendix 2: Pricing Schedule
• Appendix 3: Tenderer’s Statement
• Appendix 5: Services Contract